TOBI, JSC (DELIVERING THE LEADING JUDGMENT): Chief Usiobaifo Ekpuda, an Ishan, was the father of the 1st and 2nd plaintiffs/respondents. He was also the father of the 1st defendant/appellant. He died in the year 1954. His eldest son, Oboite Usiobaifo died in 1973. Chief Usiobaifo died intestate. He was owner of the property at No. 107 Forestry Road, Benin City. The 1st defendant/appellant, the son of Chief Usiobaifo Ekpuda, claimed to have performed the burial ceremony of the late father, as a result of which he became the exclusive owner of the property in accordance with Esan native law and custom. 1st defendant/appellant sold the property to the 2nd defendant/appellant in 1992.
The plaintiffs/respondents filed an action. They asked for two reliefs:
"(i) A declaration that the first defendant has no right to sell the family properties known and situate at No. 107 Forestry Road, Benin City, without the consent and approval of other principal members of the family.
(ii) A declaration t…